- you will review the division of defects and how each defect affects its notification (the complaint process) and the choice of claims
- get an overview of the application of breach of contract claims
- you will learn about the conditions for asserting claims for breach of contract by the buyer
- you will learn about the claims that the seller can make and the conditions for making them
- discuss withdrawal from the contract in more detail and distinguish between withdrawal from the contract in different situations
- you will be able to work with the provisions on damages
- you will learn which cases are covered by the so-called force majeure in the CISG regime
- you will learn about other clauses in international trade, such as hardship, liquidated damages and default interest
- learn whether and which party has a duty to preserve the goods
- give an example of a situation of "at risk performance"
- learn the difference between a domestic arbitration award and a foreign arbitration award
- distinguish between setting aside an arbitral award and refusing to recognise and enforce an arbitral award
- you will test all of this on given examples
International Trade Law - seminar
Seminar No. 5 - Claims for breach of an international sales contract - overview, conditions for assertion. Compensation for damages. Regulation in the Vienna Convention. Arbitration award
Objectives of the fifth seminar:
Before the seminar:
- read thoroughly the relevant articles of the UN Convention on Contracts for the International Sale of Goods, especially Articles 25, 74-88 (other articles should be known from previous seminars)
- have the assignment for seminar no. 4 with you - there are also examples for seminar no. 5 (in addition to the ones below), prepare their solutions
- study the assigned chapters in the textbook
- review your teacher's seminar presentation, if it is embedded
- have other relevant regulations with you
- use the help of PMO cast
Compulsory Readings
- Rozehnalová, N., Valdhans, J., Kyselovská, T. Právo mezinárodního obchodu. Včetně problematiky mezinárodního rozhodčího řízení. Praha: Wolters Kluwer, 2021.
- Chapter XI (pp. 253-292)
- Chapter XXIV and XXV (pp. 491-523)
Legal acts
- United Nations Convention on Contracts for the International Sale of Goods
- INCOTERMS 2020
- Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
- Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis)
- Act No. 91/2012 Coll., on Private International Law
- Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards
- European Convention on International Commercial Arbitration
- United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
- INCOTERMS 2020 (image version)